V: 





Translations and Reprints from Original 
Historical Documents* 


No. 2.—The West Jersey Constitution 
of 1677. 


Edited by 

MARTIN G. BRUMBAUGH, A. M., Ph. D, 
JOSEPH S. WALTON, Pb* D. 


^ ^ ^ ^ ^ 


PHILADELPHIA: 

CHRISTOPHER SOWER COMPANY, 
614 ARCH STREET. 







PREFATORY NOTE, 


The increasing demand for original historical documents, illus¬ 
trating the growth and development of American institutions, has 
induced the editors to issue the “Liberty Beee Leafeets.” 

That the student may see history through the eyes of its 
makers, this series will present, from time to time, important original 
papers which are by reason of expense or rarity not readily accessible. 

That the student may not be encumbered with irrelevant mat- 
ter and that the expense may be reduced to a minimum, the leaflet 
form has been adopted, and all extraneous matter eliminated. 

There are already some admirable publications illustrative of 
the influence of colonial charters upon the state and local governments 
lying within the extreme northern belt of migration westward. For 
this reason the series will deal more largely with papers typical of 
proprietary influence; and of the county-township system of local 
government as it impressed itself upon that belt of western migration 
which sprang from the middle colonies and spread to the Pacific. 



Liberty Bell Leaflets 


Translations and Reprints of Original 
Historical Documents, 




No* 2*—The West Jersey Constitution of 



( 

EDITED BY 

Martin G. Brumbaugh, A. M., Ph. D. 
Joseph S. Walton, Ph. D. 


Philadelphia : 

Christopher Sower Company, 
614 Arch Street. 


1677. 









o 


N 


EDITORS^ NOTES, 


Disputes arising between the New Jersey proprietors it was 
decided in 1676 to divide the Province. The article of division 
known as the “ Quintipartite Deed ” caused the dividing line to run 
from Little Egg Harbor to what was called the northernmost branch 
of the Delaware River, in 41° 40' north latitude. 

This division led to a more rapid settlement in West Jersey. 
Two companies of Friends, one from Yorkshire and the other from 
London, made extensive purchases of land. Commissioners were sent 
out, empowered to buy out the Indian claims, lay out patents and 
administer the government. Since an intelligent class of settlers 
flocked to West Jersey, a liberal form of government became neces¬ 
sary. It is supposed that the code was drawn up by William Penn, 
whose name heads the list of one hundred and fifty-one signers. It 
was adopted on the third of March, 1677, and “is to be considered,” 
says W. A. Whitehead [in Winsor’s Narrative and Critical History of 
America, vol. iii, p, 432], “as the first example of Quaker legislation, 
and is marked by great liberality. The framers, as a proprietary 
body, retained no authority exclusively to themselves, but placed all 
power in the hands of the people. The document was to be read at 
the beginning and close of each general assembly.” 

Four times each year it was to be read in a solemn manner in 
every hall 



Copyright 189S, by Christopher Sower Company. 




^ Jtj£ - if 


The Charter, or Fundamental Laws, of West 
Jersey Agreed Upon, 


CHAPTER XIII. 

That the followmg Co7icessions are the Common Law^ or Fun¬ 
damental Rights, of the Province of N'ew fersey. 

T hat the Common Law, or Fundamental Rights and 
Privileges of West New-Jersey, are individually 
agreed upon by the Proprietors and Freeholders 
thereof, to be the Foundation of the Government, which is 
not to be altered by the Legislative Authority, or free As¬ 
sembly hereafter mentioned and constituted, but that the 
said Legislative Authority is constituted according to these 
Fundamentals, to make such Laws as agree with, and main¬ 
tain the said Fundamentals, and to make no Laws that in 
the least contradict, differ or vary from the said Fundamen¬ 
tals, under what Pretence or Alligation soever. 

CHAPTER XIV. 

But if it so happen that any Person or Persons of the said 
free Assembly, shall therein designedly, willfully, and ma¬ 
liciously, move or excite any to move, any Matter or Thing 
whatsoever, that contradicts or any way Subverts, any Fun¬ 
damentals of the said Laws in the Constitution of the Gov¬ 
ernment of this Province, it being proved by seven honest 
and reputable Persons, he or they shall be proceeded against 
as Traitors to the said Government. 

( 3 ) 



4 


CHAPTER XV. 

That these Concessions, Law or Great Charter of Funda¬ 
mentals, be recorded in a fair Table, in the Assembly House, 
and that they be read at the beginning and dissolving of 
every General free Assembly: And it is further agreed and 
ordained, that the said Concessions, Common Law, or great 
Charter of Fundamentals, be writ in fair Tables, in every 
common Hall of Justice within this province, and that they 
be read in solemn manner four time every Year, in the pres¬ 
ence of the People, by the chief Magistrates of those Places. 

CHAPTER XVL 

That no men, nor number of Men upon Earth, hath Power 
or Authority to rule over Men’s Consciences in religious 
Matters, therefore it is consented, agreed and ordained, that 
no Person or Persons whatsoever within the said Province, 
at any Time or Times hereafter, shall be any ways upon any 
pretence whatsoever, called in Question, or in the least pun¬ 
ished or hurt, either in Person, Estate, or Priviledge, for 
the sake of his Opinion, Judgment, Faith or Worship tow¬ 
ards God in Matters of Religion. But that all and every 
such Person, and Persons, may from Time to Time, and at 
all Times, freely and fully have, and enjoy his and their 
Judgments, and the exercise of their Consciences in Matters 
of religious Worship throughout all the said Province. 

CHAPTER XVH. 

That no Proprietor, Freeholder or Inhabitant of the said 
Province of West New-Jersey, shall.be deprived or con¬ 
demned of Life, Limb, Liberty, Estate, Property or any 
ways hurt in his or their Privileges, Freedoms or Franchises, 
upon any account whatsoever, with out a due Tryal, and 
Judgment passed by Twelve good and lawful Men of his 
Neighborhood first had: And that in all Causes to be tryed, 
and in all Tryals, the Person or Persons, arraigned may ex- 


5 


cept against any of the said Neighborhood, without , any 
Reason rendered, (not exceeding Thirty five) and in case of 
any valid reason alledged, against every Person nominated 
for that Service. 


CHAPTER XVIIL 

And that no Proprietor, Freeholder, Freedenison, or In¬ 
habitant in the said Province, shall be attached, arrested, or 
imprisoned, for or by reason of any Debt, Duty or other 
Thing whatsoever (Cases Felonious, Criminal and Treas¬ 
onable excepted) before he or she have personal Summon, 
or Summons, left at his or her last dwelling Place, if in the 
said Province, by some legal authorized Officer, constituted 
for that Purpose, to appear in some Court of Judicature for 
the said Province, with a full and plain account of the Cause 
or Thing in demand, as also the Name or Names of the 
Person or Persons at whose suit, and the Court where he is 
to appear and answer the said suit, if he or she live or in¬ 
habit within Forty Miles English of the said Court, and if 
at a further distance, to have for every Twenty Miles, two 
Days time more, for his and their appearance, and so pro- 
portionably for a larger distance of Place. 

That upon the Recording of the Summons, and non ap¬ 
pearance of such Person and Persons, a writ or attachment 
shall or may be issued out to arrest or attach the Person or 
Persons of such defaulters, to cause his or their Appearance 
in such Court, returnable at a Day certain, to answer the 
Penalty or Penalties, in such Suit or Suits; and if he or they 
shall be condemned by legal Tryal and Judgment, the Pen¬ 
alty or Penalties shall be paid and satisfied out of his or 
their real or personal Estate so condemned, or cause the 
Person or Persons so condemned, to lie in Execution till 
Satisfaction of the Debt and Damages be made. PRO¬ 
VIDED ALWAYS, if such Person or Persons so con¬ 
demned, shall pay and deliver such Estate, Goods, and Chat¬ 
tels which he or any other Person hath for his, their use. 


6 


and shall solemnly declare and aver, that he or they have not 
any further Estate, Goods, or Chattels wheresoever, to sat¬ 
isfy the Person or Persons, (at whose Suit, he or they are 
condemned) their respective Judgments, and shall also bring 
and produce three other Persons as compurgators, who are 
well known and of honest Reputation, and approved of by 
the Commissioners of that Division, where they shall dwell 
or inhabit, which shall in such open Court, likewise solemnly 
declare and aver, that they believe in their Consciences, such 
Person and Persons so condemned, have not werewith fur¬ 
ther to pay the said Condemnation or Condemnations, he or 
they shall be thence forthwith discharged from their said 
imprisonment, any Law or Custom to the contrary thereof, 
heretofore in the said Province, notwithstanding. And upon 
such Summons and Default of appearance, recorded as 
aforesaid, and such Person or Persons not appearing within 
Forty Days after, it shall and may be lawful for such Court 
of Judicature to proceed to tryal, of twelve lawful Men to 
Judgment, against such defaulters, and issue forth Execu¬ 
tion against his or their Estate, real and personal, to satisfy 
such Penalty or Penalties, to such Debt and Damages so 
Recorded, as far as it shall or may extend. 

CHAPTER XIX. 

That there shall be in every Court, three Justices or Com¬ 
missioners, who shall sit with the Twelve Men of the Neigh¬ 
bourhood, with them to hear all Causes, and to assist the 
said Twelve Men of the Neighbourhood in Case of Law; 
and that the said Justices shall pronounce such Judgment as 
they shall receive from, and be directed by the said Twelve 
Men, in whom only the Judgment resides, and not otherwise. 

And in Case of their neglect and refusal, that then one of 
the Twelve, by consent of the rest, pronounce their own 
Judgment as the Justices should have done. 

And if any Judgement shall be past, in any Case Civil or 


7 


Criminal, by any other Person or Persons, or any other way, 
then according to this Agreement and Appointment, it shall 
be held null and void, and such Person or Persons so pre¬ 
suming to give Judgment, shall be severely Fin’d, and upon 
complaint made to the General Assembly, by them be de- 
cleared incapable of any Office or Trust within this Prov¬ 
ince. 

CHAPTER XX. 

That in all Matters and Causes, Civil and Criminal, Proof 
is to be made by the solemn and plain averment, of at least 
two honest and reputable Persons ; and in Case that any Per¬ 
son or Persons shall bear false Witness, and bring in his or 
their Evidence, contrary to the Truth of the Matter as shall 
be made plainly to appear, that then every such Person or 
Persons, shall in Civil Causes, suffer the Penalty which 
would be due to the Person or Persons he or they bear Wit¬ 
ness against. And in Case any Witness or Witnesses, on the 
behalf of any Person or Persons, Indicted in a Criminal 
Cause, shall be found to have born false Witness for Fear, 
Gain, Malice or Favour, and thereby hinder the due Execu¬ 
tion of the Law, and deprive the suffering Person or Per¬ 
sons of their due Satisfaction, that then and in all other 
Cases of false Evidence, such Person or Persons, shall be 
first severely Fined, and next that he or they shall forever be 
disabled from being admitted in evidence, or into any pub- 
lick Office, Employment, or Service within this Province. 

CHAPTER XXL 

That all and every Person and Persons whatsoever, who 
shall prosecute or prefer any Indictment or Information 
against others for any personal Injuries, or Matter Criminal, 
or shall Prosecute for ^ny other Criminal Cause, (Treason, 
Murther, and Felony, only excepted) shall and may be Mas¬ 
ter of his own Process, and have full Power to forgive and 
remit the Person or Persons offending against him or her- 


8 


self only, as well before as after Judgment, and Condemna¬ 
tion, and Pardon and Remit the Sentence, Fine and Punish¬ 
ment of the Person or Persons Offending, be it personal or 
other whatsoever. 


CHAPTER XXIL 

That the Tryals of all Causes, Civil and Criminal, shall be 
heard and decided by the Virdict or Judgment of Twelve 
honest Men of the Neighbourhood, only to be summoned 
and presented by the Sheriff of that Division, or Propriety 
where the Fact or Trespass is committed; and that no Per¬ 
son or Persons shall be compelled to Fee any Attorney or 
Counciller to plead his Cause, but that all Persons have 
free Liberty to plead his own Cause, if he please: And that 
no Person nor Persons imprisoned upon any account what¬ 
soever within this Province, shall be obliged to pay any 
Fees to the Officer or Officers of the said Prison, either when 
committed or discharged. 


CHAPTER XXHL 

That in all publick Courts of Justice for Tryals of Causes, 
Civil or Criminal, any Person or Persons, Inhabitants of the 
said Province, may freely come into, and attend the said 
Courts, and hear and be present, at all or any such Tryals 
as shall be there had or passed, that Justice may not be done 
in a Corner nor in any Covert manner, being intended and 
resolved, by the help of the Lord, and by these our Conces¬ 
sions and Fundamentals, that all and every Person and Per¬ 
sons Inhabiting the said Province, shall, as far as in us lies, 
be free from Oppression and Slavery. 


9 


CHAPTER XXIV'. 

For the preventing of Frauds Sales^ Trade and Traffick, arid 
the usual Contests, Quarrels, Debates and fitter Rum, 
which have attended the People in 77iany Nations, by costly, 
tedious, vexatious and Law Suits, and for a due Settlement 
of Estates. 

It is agreed, concluded, and ordained, that there be kept a 
Register at London, within the Nation of England. And 
also another Register within the Province of New West- 
Jersey, and that all Deeds, Evidences, and Conveyances of 
Land in the said Province of New West-Jersey, that shall 
be executed in England, may also be there Registered; and 
once every Year, the Register of the said Deeds and Con¬ 
veyances, so Registered, shall be duly transmitted under the 
Hands of the Register and three Proprietors unto the Com¬ 
missioners in New West-Jersey, to be enrolled in the publick 
Register of the said Province. As also that the chief Regis¬ 
ter, which the said Proprietors have deputed or chosen, or 
shall depute or choose failing, that the Commissioners shall 
depute or choose, or which the GeneVal Assembly of the 
said Province, hereafter mentioned, shall depute or choose, 
shall keep exact Entries and Registers in fair Books, or 
Rolls for that purpose to be provided, of all publick Affairs, 
and therein shall record and enter all Grants of Land, from 
the Proprietors to the Planters, and all Conveyances of 
Land, House or Houses, from Man to Man, as also all As¬ 
signments, Mortgages, Bonds, Specialties whatsoever, and 
all Leases for Land, House or Houses, made, or to be made 
from Landlord to Tenant, and from Person to Persons; 
which Conveyances, Leases, Assignments, Mortgages, 
Bonds, and Specialties which shall be executed in West New- 
Jersey, shall be first acknowledged by the Grantor, As¬ 
signor, and Obligor, before the said Commissioner or two 
of them at least, or some two of their lawful Deputies for 
the Time being; who shall under their Hands, upon the back 


lO 


Side of the said Deed, Lease, Assignment, Mortgage, or 
Specialty, attest the acknowledgement thereof as aforesaid, 
which shall be a Warrant, for the Register to Record the 
same; and such Conveyance or Specialty, if sealed, executed, 
acknowledged before three Proprietors, in the Nation of 
England, or Ireland, and recorded or registered there within 
three Months after the Date thereof, or if sealed, executed 
and acknowledged in the said Province, or elsewhere out of 
England, and recorded or registered within six Months after 
the Date thereof, shall be good and effectual in Law, and 
for passing or transferring of Estates in Lands, Tenements, 
or Hereditaments, shall be as effectual as if delivery and 
seizen were executed of the same. And all other Convey¬ 
ances, Deeds, Leases, or Specialties not Recorded as afore¬ 
said, shall be of no Eorce nor Effect: And the said Register, 
shall do all other Thing or Things, the said Proprietors by 
their Instructions shall direct, or the Commissioners or As¬ 
sembly shall ordain, for the good and welfare of the said 
Province. 


CHAPTER XXV. 

That the7'e may be a good ^inderstandhig and friendly corres¬ 
pondence between the Proprietors^ Freeholders, ajid hihabi- 
ta?its of the said Province, and the Indian Natives thereof. 

It is concluded and agreed, that if any of the Indian 
Natives within the said Province, shall or may do any wrong 
or injury to any of the Proprietors, Freeholders, or Inhabi¬ 
tants, in Person, Estate or otherways howsoever, upon No¬ 
tice thereof, or Complaint made to the Commissioners, or 
any two of them, they are to give Notice to the Sachem, or 
other chief Person or Persons, that hath Authority over the 
said Indian Native or Natives, that Justice may be done, 
and Satisfaction made to the Person or Persons Offended, 
according to Law and Equity, and the Nature and Quality 
of the Offence and Injury done or committed. 


And also in Case any of the Proprietors, Freeholders, or 
Inhabitants shall any wise wrong, or injure any of the Indian 
ISTatives there, in Person, Estate or otherwise, the Commis¬ 
sioners are to take Care upon Complaint to them made, or 
any one of them, either by the Indian Natives or others, that 
Justice be done to the Indian Natives, and plenary Satisfac¬ 
tion made them according to the Nature and Quality of the 
Offence and Injury. And that in all Tryals wherein any of 
the said Indian Natives are concerned, the Tryal to be by 
six of the Neighbourhood, and six of the said Indian Na¬ 
tives, to be indifferently and impartially Chosen by Order 
of the Commissioners, and that the Commissioners use their 
endeavour, to perswade the Natives to the like way of Tryal, 
when any of the Natives do any ways wrong or injure the 
said Proprietors, Freeholders or Inhabitants, that they 
choose six of the Natives and six of the Freeholders or In¬ 
habitants, to judge of the wrong and injury done, and to 
proportion Satisfaction accordingly. 


CHAPTER XXVI. 

It is agreed when any Lands is to be taken up for Settle¬ 
ments of Towns, or otherways, before it be surveyed, the 
Commissioners or the Major part of them are to appoint 
some Persons to go to the chief of the Natives concerned in 
that Land, so intended to be taken up, to acquaint the Na¬ 
tives of their intention, and to give the Natives what pres¬ 
ent they shall agree upon, for their good Will or Consent, 
and take a Grant of the same in Writing, under their Hands 
and Seals, or some other publick way used in those Parts of 
the World ; which Grant is to be Registered in the publick 
Register, allowing also the Natives (if they please) a Copy 
thereof, and that no Person or Persons, take up any Land, 
but by order from the Commissioners, for the Time being. 


12 


CHAPTER XXVII. 

That no Ship Master or Commander of any Ship or Ves¬ 
sel, shall receive into his Ship or Vessel, to carry unto any 
other Nation, Country or Plantation, and Person or Persons 
whatsoever, without a Certificate first had and obtained un¬ 
der the Hands and Seals of the Commissioners, or any two 
of them, that the said Person or Persons are clear, and may 
be taken on Board, signifying that the said Person or Per¬ 
sons Names have been put up at three publick Places of the 
Province, appointed by the Commissioners for that Purpose, 
for the space of three Weeks giving Notice of his or their 
Intention to transport themselves. 

CHAPTER XXVHL 

That Men may peacefully and quietly enjoy their Estates. 

It is agreed if any Person or Persons shall steal, rob, or 
take any goods or Chatties, from or belonging to any Per¬ 
son or Persons whatsover, he is to make Restitution two 
fold out of his or their Estate, and for want of such Estate, to 
be made to Work for his theft, for such Time and Times as 
the Nature of the Offence doth require, or until Restitution 
be made double for the same, or as Twelve Men of the 
Neighbourhood shall determine, being appointed by the 
Commissioners, not extending either to Life or Limb. 

If any Person or Persons, shall willfully beat, hurt, wound, 
assault, or otherwise abuse the Person or Persons of any 
Man, Woman, or Child, they are to be punished according 
to the Nature of the Offence which is to be determined by 
Twelve Men of the Neighbourhood, appointed by the Com¬ 
missioners. 

CHAPTER XXIX. 

For securing Estates of Perso7is that die^ and taking ca.re of 
Orphans. 

First. If any Person or Persons die, the Commissioners 
are to take Care that the Will of the deceased be duly per- 


13 


formed, and Security‘given by those that prove the Will: 
And that all Wills or Testaments be Registered in a publick 
Register appointed for that Purpose, and the Person and 
Persons that prove the same, to bring in one true Inventory 
under their Hands of all the Estate of the deceased, and to 
have a Warrant under the Hands of three Commissioners., 
and the publick Seal of the Province, Intimating that they 
have brought in an Inventory of the Estate, and given se¬ 
curity. Then and not before, are they to dispose upon the 
Estate. 

H. If any Person die intestate, leaving a Wife and Chil¬ 
dren, the Commissioners are to take security from the Per¬ 
son that shall Administer, to secure two Parts of the Estate 
for the Children, and the tliird to the Wife, if there be any, 
and if there be no Child, then half to the next of Kin, and 
the other to the Wife. 

HI. If the parents of Children be dead, and no Will 
made, then the Commissioners are to appoint two or more 
Persons to take the Charge of the Children, and Estate, and 
to bring in an Inventory of the Estate to be Registered, and 
that the said Persons are to make good to the Children, 
what part of the Estate shall come into their Hands, and to 
give a true Account of their Receipts and Disbursements, to 
be approved of by the Commissioners. 

IV. If Parents die, leaving Child or Children, and no 
Estate, or not sufficient to maintain and bring up the said 
Child or Children, in that Case the Commissioners are to 
appoint Persons to take Care for the Child or Children, to 
bring them up in such manner as the Commissioners shall 
appoint, and the Charges thereof to be born by the publick 
Stock of the Province; and if none be established, then by a 
Tax to be levied by Twelve Men of the Neighbourhood, with 
the consent of the Commissioners, or the main Part of them. 


CHAPTER XXX. 

hi Case when any Person or Persons kill or destroy themselves, 

or be killed by any other thing. 

It is agreed if any Man or Woman shall willfully put 
hand and kill him or herself, the Estate of such Person or 
Persons, is not to be forfeited, but the Kindred, Heirs or 
such other as of Right the Estate belongs to, may enjoy the 
same: Or if any Beast or Ship, Boat or other Thing, should 
occasion the Death of any Person or Persons, nevertheless 
the said Beast, Ship, Boat, or other Thing is no-t to be for¬ 
feited, but those to whom they,belong may enjoy the same. 
PROVIDED ALWAYS, that the said Beast did not will¬ 
fully kill the said Person, or hath been known to attempt or 
addicted to Mischief, or hath been found to hurt or kill any 
Person; then the said Beast is to be killed. 

CHAPTER XXXI. 

All such Person or Persons as shall be upon Tryal found 
guilty of Murder, or Treason, the Sentence and Way of Ex¬ 
ecution thereof, is left to the General Assembly to determine 
as they in the Wisdom of the Lord shall judge meet and 
expedient. 

The General Assembly and their Power* 

CHAPTER XXXH. 

That so soon as Divisions or Tribes, or other such like 
Distinctions are made; that then the Inhabitants, Freehold¬ 
ers, and Proprietors, Resident upon the said Province, or 
several and respective Tribes or Divisions or Distinctions 
aforesaid, do Yearly and every Year meet on the first Day of 
October, or the eight Month, and choose one Proprietor or 
Freeholder for each respective Propriety in the said Prov¬ 
ince (the said Province being to be divided into one Hun- 


15 


dred Proprieties) to be Deputies, Trustees, or Representa¬ 
tives, for the Benefit, Service and Behoof of the People of 
the said Province: Which Body of Deputies, Trustees or 
Representatives, consisting of one Hundred Persons, chosen 
as aforesaid, shall be the General, Free and Supream Assem¬ 
bly of the said Province for the Year ensuing and no longer. 
And in Case any Member of the said Assembly during the 
said Year, shall decease or otherwise be rendered incapable 
of that Service, that then the Inhabitants of the said Pro¬ 
priety, shall elect a new Member to serve in his Room for the 
remainder of the said Year. 

CHAPTER XXXHL 

And to the eytd the respective Members of the Yearly Assembly 
to be chosen may be regularly and impartially elected. 

That no person or Persons who shall give, bestow or 
promise directly or indirectly to the said Parties electing, 
any Meat, Drink, Money or Money’s Worth, for procure¬ 
ment of their Choice and Consent, shall be capable of being 
elected a Member of the said Assembly. And if any Person 
or Persons, shall be at any Time corruptly elected, and 
sufficient Proof thereof made to the said free Assembly, such 
Person or Persons so electing or elected, shall be reckoned 
incapable to choose or sit in the said Assembly, or execute 
any other publick Office of Trust within the said Province, 
for the space of seven Years thence next ensuing. And also 
that all such Elections as aforesaid, be not determined by 
the common and confused way of cry’s and voices, but by 
putting Balls into Ballotting Boxes, to be provided for that 
Purpose, for the Prevention of all Partiality, and whereby 
every Man may freely choose according to his own Judg¬ 
ment and honest Intention. 

CHAPTER XXXIV. 

To appoint their own times of Meeting, and to adjourn 
their Sessions from Time to Time (within the said Year) 


i6 


to such Times and Places as they shall think fit and con¬ 
venient, as also to ascertain the Number of thir Quorum, 
provided such Numbers be not less than one half of the 
whole, in whom (or more) shall be the full Power of the 
General Assembly; and that the Votes of two thirds of the 
said Quorum, or more of them if asembled together as afore¬ 
said, shall be determinative in all Cases whatsoever coming 
in Question before them, consonant and conformable to 
these Concessions and Fundamentals. 

CHAPTER XXXV. 

That the said Proprietors and Freeholders at their choice 
of Persons to serve them in the General and free Assembly 
of the Province, give their respective Deputies or Trustees 
their Instructions at large, to represent their Grievances, for 
the improvement of the Province: And that the Persons cho¬ 
sen, do by Indenture under Hand and Seal, covenant and 
oblige themselves to Act nothing in that Capacity but what 
shall tend to the fit Service and Behoof of those that send 
and employ them; and that in case of failer of Trust, or 
breach of Covenant, that they be questioned upon complaint 
made, in that or the next Assembly, by any of their respec¬ 
tive Electors. 

And that each member of the Assembly chosen as afore¬ 
said, be allowed one Shilling per Day, during the Time of 
the sitting of the Assembly, that thereby he may be known 
to be the Servant of the People: Which allowance of one 
shilling per Day, is to be paid him by the Inhabitants of the 
Propriety or Division that shall elect him. 

CHAPTER XXXVI. 

That in every General free Assembly, every respective 
Member hath liberty of Speech; that no Men be interrupted 
when speaking; that all Questions be stated with Delibera¬ 
tion and Liberty for amendments; that it be put by the 


7 


Chairman, by them to be chosen, and determined by plu¬ 
rality of Votes. Also that every Member has Power of en¬ 
tering his Protest and reasons of Protestations. And that if 
any Member of such Assembly shall require to have the 
Persons Names Registered, according to their Yea’s and 
No’s, that it be accordingly done: And that after Debates 
are past, and the question agreed upon, the Doors of the 
House be set open, and the People have Liberty to come 
in to hear and be Witnesses of the Votes, and the inclina¬ 
tions of the Persons voting. 


CHAPTER XXXVH. 

And that the said Assembly do elect, constitute and ap¬ 
point Ten honest and able Men, to be Commissioners of 
State, for managing and carrying on the Affairs of the said 
Province, according to the Law therein established, during 
the adjournments and desolutions of the said General free 
Assembly, for the Concervation and Tranquility of the same. 

CHAPTER XXXVHI. 

That is shall be lawful for any Person or Persons during 
the Sessions of any General free Assembly in that Province, 
to Address, Remonstrate or Declare any Suffering, Danger 
or Grievance, or to propose, tender or request any Privilege, 
Profit, or Advantage to the said Province, they not exceed¬ 
ing the Number of one Hundred Persons. 

CHAPTER XXXIX. 

To Enact and make all such Laws, Acts and Constitu¬ 
tions as shall be necessary for the well Government of the 
said Province, (and them to repeal) provided that the same 
be, as near as may be conveniently, agreeable to the primi¬ 
tive, antient and Fundamental Laws of the Nation of Eng- 


i8 


land. PROVIDED ALSO, that they be not against any 
of these our Concessions and Fundamentals before or here¬ 
after mentioned. 


CHAPTER XL. 

By Act as aforesaid, to constitute all Courts, together with 
the Limits, Powers and Jurisdictions of the same, (conso¬ 
nant to these Concessions) as also the several Judges, Offi¬ 
cer and Number of Officers belonging to each Court, to con¬ 
tinue such time as they shall see meet, not exceeding one 
Year or two at the most, with their respective Sallaries, Fees 
and Perquisites, and their appellations, with the Penalties 
that shall be inflicted upon them, for the Breach of their sev¬ 
eral and respective Duties and Trusts. And that no Per¬ 
son or Persons whatsoever. Inhabitants of the said Province, 
shall sustain or bear two Offices in the said Province, at one 
and the same Time. 


CHAPTER XLI. 

That all the Justices and Constables be chosen by the Peo¬ 
ple and all Commissioners of the publick Seals, Treasuries, 
and Chief Justices, Embassadors, and Collectors be chosen 
by the General Free Assembly. 

CHAPTER XLH. 

That the Commissioners of the Treasury of the said Prov¬ 
ince, bring in their Account at the end of their Year, unto 
the General Free Assembly, there to be seen and adjusted; 
and that every respective Member, carry a Copy thereof, 
unto that Hundred or Propriety he serves, for to be Regis¬ 
tered in the Capital publick Court of that Propriety. 

CHAPTER XLIII. 

By Act as aforesaid, to lay equal Taxes and Assessments, 
and equally to raise Money’s or Goods, upon all -Lands or 
Persons, within the several Proprieties, Precincts, Hun-* 


19 


dreds, Tribes, or whatsoever other Divisions shall hereafter 
be made and established in the said Province, as oft as neces¬ 
sity shall require, and in such manner as to them shall seem 
most equal and easy to the Inhabitants, in order to the better 
supporting- of the publick Charge of the said Government, 
as also for the publick Benefit and Advantage of the said 
People and Province. 

CHAPTER XLIV. 

By Act as aforesaid, to subdivide the said Province into 
Hundreds, Proprieties, or such other Divisions, and Dis¬ 
tinctions, as they shall think fit; and the said Divisions, to 
distinguish by such Names as shall be thought good; as also 
within the said Province, to direct and appoint Places, for 
such and so many Towns, Cities, Ports, Harbours, Creeks, 
and other Places, for the convenient loading and unloaden 
of Goods and Merchandise, out of the Ships, Boats and 
other Vessels, as shall be expedient, with such Jurisdictions, 
Privileges and Franchises, to such Cities, Ports, Harbours, 
Creeks, or other Places, as they shall Judge most conducing 
to the general good of the said Province, and People thereof; 
and to erect, raise and build within the said Province, or any 
Part thereof, such and so many Market Towns, and Vil¬ 
lages, and also appoint such and so many Markets, and 
Fairs, and in such Place and Places as they shall see meet, 
from Time to Time, as the Grant made and assigned unto 
the said Proprietors will permit and admit. 

IN Testimony and Witness of our consent to and affirma¬ 
tion of these present Laws, Concessions and Agreements, 
We the Proprietors, Freeholders, and Inhabitants of the said 
Province of West New-Jersey, whose Names are under 
written, have to the same voluntarily and freely set our 
Hands, dated this third Day of the Month commonly called 
March, in the Year of our Lord One Thousand six Hundred 
and Seventy six. 





ANNOUNCEMENT OF SERIES, 


No» J.—Inducements and Charter from States General of Holland to 
Settlers on the Hudson. 

No. 2.—The West Jersey Constitution of J677. 

No. 3.—Penn^s Frame of Government of 1682 and Privileges and Con¬ 
cessions of 1701. 

No. 4.—Charter of the Province of Pennsylvania. 

No. 5.—GatwicI Thomas^ Description of Pennsylvania and 'West Jersey. 

No. 6.—The Letters of a Farmer, or John Dickinson^s arguments against 
English Taxation. 

No. 7.—Conrad Weiscr^s Notes on the Habits and Customs of the Iroquois 
and Delaware Indians, prepared for Christoph Saur and pub¬ 
lished from 1746-1749. 

No, 8.—^William Penn^s Letter to the Free Society of Traders, 1683, 


No, 9.—The Ordinance of 1787, 



... J738... 


... J898... 


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